C.P. No. 3506/2020
30.
19
A work of art and literature, which includes a play or drama
broadcasted on the electronic media, is usually considered a strong and
effective medium to break the silence on social taboos; therefore, it is not
to be labelled as “obscene” or “vulgar” readily without appraising the
message it intends to convey.26 In this perspective, one would need to see
whether that message tends to promote or glorify the conduct or behavior
which is offensive to the commonly accepted standards of decency, or it
tends to condemn or deprecate such conduct or behavior. Such a review is
to be undertaken on an objective assessment of the play or drama as a
whole, not on the basis of pick and choose of its parts from here and
there. If the ultimate message of the play or drama under review passes
the test of being not offensive to the commonly accepted standards of
decency, the review of a particular part thereof which depiction is
necessary to convey the message effectively must be lenient and tolerant.
However, where the obscenity of such part is too pronounced to eschew,
only the objectionable part should be prohibited from being broadcasted
and directed to be suitably modified, and the broadcast or rebroadcast of
the complete play or drama must not be prohibited. In view of the
applicability of the principle of proportionality to restrictions on the rights
guaranteed by the Constitution as expounded above, such an approach is
necessary to protect the exercise of the fundamental right to freedom of
expression and right to information to the maximum extent possible and
to enforce the restrictions on the exercise of these rights to the minimum.
Judge
Announced
on 12th April, 2023,
at Islamabad.
Judge
Judge
Approved for reporting
Sadaqat
26
Ramamurthy v. State of Mysore AIR 1954 Mys 164 (DB).